Courts uphold judge’s decision

LANSING — The Michigan Court of Appeals said Hillsdale Circuit Judge Mike Smith was right in his recent decision to terminate the parental rights of a Hillsdale man and woman.

Smith and the Hillsdale County Department of Human Services workers tried for almost three years to bring the family back together. Both parents appealed the decision to terminate their parental rights as unfair and unjust.

The mother claimed Smith erred in not considering placing the children with her relatives rather than placing them in foster care. But the Appeals Court said the fact that testimony showed the children were doing so well in foster care did not justify overturning the decision and that permanent termination of rights was in the best interest of the children.

The children and parents, who are not identified in court records to protect the children’s privacy, were taken away from their parents after DHS filed for supervision in 2010 followed by a recommendation to terminate rights.

"The primary conditions that led to adjudication were substance abuse, improper supervision and homelessness. Throughout the proceedings, (the parents) tested positive for, or admitted to the use of, marijuana, cocaine, Vicodin, oxycodone and K2 or synthetic marijuana," court documents noted.

There were some negative drug screens and the parents were offered services for substance abuse through many different providers, some within a few miles of their home, but they never participated consistently or completed substance abuse treatments.

The children were doing well in foster care and suffered emotional problems when dealing with their parents. Even though the children and parents loved each other, "the other considerations can outweigh the bond between a parent and children," the appeals court ruled.